Iowa Expungement

Iowa Expungement
Expungement is the legal process of obliterating, destroying, or
eliminating information in files or records from computers and folder
that containing criminal charges. Even though records may be destroyed
they have not disappeared. When records have been expunged in the state
of Iowa they have simply become inaccessible to the general public and
the general law enforcement. Fingerprint cards remain in the automated
system for establishment of a criminal history data record even when a
record has been expunged. However in a juvenile expungement case these
fingerprints, along with criminal history data and source documents,
are fully eliminated. Nevertheless criminal history data may be
retained for research or management purposes in Iowa Statutes.
Expunge-able Records
Any arrest, disposition data, custody data, or adjudication data can be
expunged. The adjudication date and custody date for juveniles who have
reach the age of twenty-one may also be expunged if the individual has
not plead guilty or been convicted of an aggravated or serious
misdemeanor or felony between the ages of eighteen and twenty-one.
Despite expungement all automated fingerprints will remain in the
identification system.

Public intoxication records may be expunged under certain circumstances
and if specific conditions are met.
Expungement Eligibility
Only certain crimes can be expunged in Iowa and include crime where an
individual was acquitted or where charges were dismissed. Cases of
dismissal due to reason of insanity are not eligible for expungement.
This law also excludes records of adjudications of mental incompetence
to stand trial where there was mental or physical injury or an attempt
to physically or mentally injure.

Most juvenile records may be expunged unless aggravated felonies or
misdemeanors have been committed between the ages of eighteen and
twenty-one. Cases of discharge from probation where a person whose
judgment was deferred under section 907.3 are also eligible for record
expungement.

Those who have been arrested and convicted for public intoxication may
apply for expungement after two years and no further criminal
convictions. Simple misdemeanor violations stated in chapter 321 are
excusable during this two-year time period.

Record Expungement and Record Deferment
In Iowa when a person is eligible for expungement it is not always
necessary to file a petition. When an individual meets the specific
criteria in relation to public intoxication, expungement is made as a
matter of the law as stated by Iowa Statutes 123.46.

Iowa has no legal mechanism for expunging a previous conviction unless
there is an application for a pardon and is received by the Governor of
Iowa. In the case of operating while intoxicated an incident can be
kept from criminal record by a deferred judgment granted by a judge. In
the case of a deferred judgment, an individual will then be placed on
probation while he or she is then discharged.

An individual is only eligible for deferment twice in his or her
lifetime. And even though a conviction may be deferred, driving
privileges may not be reinstated in every case. A deferred judgment can
also be used as a prior conviction in future convictions that will
enhance new sentences.
See also:
Iowa MisdemeanorExternal link (opens in new window)
Iowa FelonyExternal link (opens in new window)
Iowa Gun LawsExternal link (opens in new window)

I'm 20 and i can't lie i messed up my life coming up here to Iowa. I had a clean record coming from Mississippi oh my god. The public defender and prosecutors work together. I got caught a DV when my partner wasn't injured and they didn't have no evidences. I took the serious misdemeanor deal because the prosecutor was threatening to take my pregnant girlfriend into at 9 months. I didnt want her to have the baby in jail and i didnt want my daughter to go into the system. And I'm reading it look like i can't get this expunged FUCK!!! I messed my life up and I wanted to go into the nursing field

I was arrested for DUI in 2010. I took the Dui to a Trail and hung the jury. The state chose to retry me. THe 2nd trial the prosecution's witness did not show up(cop).... The case was thrown out of court. My record still reflects a DUI. My attorney is telling me even though we beat the case, it will remain on my record as though i were convicted. WHAT!!!!???????? The only option he said is to send a letter the governor and try to have it pardoned..The only prob there is our current governor pardons nobody! There has got to be something i can do !?? I am applying for jobs! I am innocent!!!

My son was charged with a felon for domestic battery and had a plea with a condition as a first offender at 42 it would be expunged. The parish where the offense was committed did expunged the felony but we received a notice that the law changed and the state of LA will not expunged it? If the plea was done before the new law was passed but the probation was not finished before the law passed can the state refuse to expunge it? It is in the court documents

In Jan 2010, my wife and I were both charged with Simple Assault in the 4th, or DV. I called the police and when they arrived they arrested both of us as they did not see the fight start. Even though my and my wife's statement both said she started it and was physically violent, my wife and I both pled guilty to stay out of jail and we both received probation with our records to be expunged upon completion. Fast forward to Feb 2013 and we go to buy my wife a handgun. After a background check, she gets the ok from the gun store to pick it up. Does that mean they really were expunged?

VA Residents - here is the site to see who your local delegate is so you can contact them and make sure this bill is passed in General Assembly 2014: http://conview.state.va.us/whosmy.nsf/VGAMain?openform

Please join me to have this law CHANGED!!! We are ready to take back our lives!!